SHER SINGH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) By means of this judgment, two appeals, particulars whereof find mention on the top, are being disposed of, as in both of them, the same judgment, which is dated 29.7.2005, of learned Special Judge, Kullu, has been challenged. Appellants in both the appeals have been held guilty of criminal conspiracy. In addition to that, Appellant Minu Ram has been held guilty of offence, under Section 420 IPC, Appellants Yagya Parkash (now dead) and Sher Singh, have been held guilty of offences, under Section 420 IPC and Section 13(2) of the Prevention of Corruption Act and Appellant Bimla Devi has been held guilty of offence, under Section 420 IPC.

(2.) Case of the prosecution, as it emerges from the evidence on record, may be noticed. Minu Ram (Appellant in Cr. Appeal No. 345/2005) is resident of village Nasogi, Tehsil Manali, District Kullu. A report was lodged against him by Field Revenue Staff that he had made encroachment upon 4 biswas area, by constructing a house. Tatima Ext. PW4/K of the area, allegedly encroached upon by him, was submitted along with the report. Notice of the report was issued to Appellant Minu Ram by the concerned Revenue Officer and he was called upon to show cause why adjustment order be not passed against him, under Section 163 of the H.P. Land Revenue Act. Along with that notice, copy of Tatima Ext. PW4/K, was also made available to him, in which the piece of land, allegedly encroached upon, is shown and its area has also been worked out.

(3.) Appellant Minu Ram filed reply to the aforesaid show cause notice. The same is Ext. PW4/N. He denied that he was an encroacher. He took the plea that he had been in possession of the site for the last 35 years and that it was his father, who had occupied the land and constructed a house thereon and, thus, on the strength of his forefathers' possession and his own possession, he had acquired title by prescription. His reply is dated 11.6.1987.